The High Appeals Court cancelled the ruling issued by a lower court asking gym management to pay BD40,000 in compensation for the death of an individual who died within the facility.
The man died while swimming in the pool attached to the gym facility and the family alleged that the death happened because safety measures were not followed at the facility. The family also argued that a lifeguard should have been appointed at the facility to handle such cases.
Lawyer Islam Ghunaim, who appeared for the gym management, argued that the victim used the facility during Ramadan and that too Iftar time. “He himself should be held responsible for the consequences. The deceased was a longtime customer at the gym and he knew the working timings of the staff there”. the lawyer argued. With regard to the appointment of a lifeguard, the lawyer said the swimming pool only had a depth of 1.3 metres. “No lifeguard was needed for such a small pool.”
The court accepted the lawyer’s argument. Additionally, video footage showed that lights were switched off at the facility, which meant he was using it when there were no staff in attendance.